Work related problem

[hagatha]

Soc,

I am hoping you can point me in the right direction.

I am living in PA but working in NJ. as a cashier.

First problem ...When I was hired for my job I was told I would get a raise after 90 days. I have been there 6 months and am still waiting. I already reminded my supervisor and my manager several times.  I have also been told by other employees they also waited months for their raises, and I should not expect any retroactive pay.

Second problem.... the cashiers work any where from a 4 hour shift to a 9 hour shift. We do not get scheduled breaks or lunches. We are permitted a smoke break, not to exceed 5 minutes only if the store is not crowded. It is entirely conceivable to work 5 or 6 hours without any break what-so-ever. Lunch breaks are completely non-existent. We may eat, if we choose, but it is done at the register.

I know I should just quit, but until I get a new job, I am stuck.


Questions,

1. Are there any laws that would force my employer to pay me retroactive to the day I should have gotten my raise?

2. Isn't there some law or provision regarding breaks and lunches that employers must abide by?

3. Do I contact the NJ state labor board?

 Any other suggestions?

The Witch

[socrateaser]

>Questions,
>
>1. Are there any laws that would force my employer to pay me
>retroactive to the day I should have gotten my raise?

There is no specific employment law in NJ that covers this issue. It is covered under the common law of contracts. If you can prove that you were promised an increase in pay in consideration for your agreement to provide a superior level of performance during your 90 day probationary period, and that on day 91, you requested the raise based upon your satisfying the performance requirement, and that your continued employment was conditioned on the employer's payment of the additional consideration retroactive to day 91, and your employer agreed, then you would be entitled to the retroactive pay.

This assumes that you can PROVE all of the above to a court with credible objective evidence (a writing from your employer, or several employees who will testify to being made the same promise)  .

Obviously, in the real world, proving such a promise to a court is a difficult proposition, because most employers will not put such promises in writing -- they'll just promise it to you knowing full well that they have no particular intent to live up to the promise.

And, if your employer says, "Yes, we promised you a raise after 90 days if you did a good job, but we couldn't afford to give it to you on day 91, so we will only pay you what you've been earning," and you continue to work, then you have agreed to a new contract, which does not require your employer to live up to its original promise.

Only by expressly conditioning your continued employment on the raise, with the assent of the employer can you actually enforce the contract.

Plus, if you sue on the contract, your employer can fire you, and then if you win, you'll only be paid for the time you worked, plus the raise, and you will not be entitled to force your employer to continue to pay, merely because they fired you for a bad reason. NJ is an "at will" employment state, which means that an employer doesn't need "good cause" (i.e., clear justification) for terminating an employee.

>2. Isn't there some law or provision regarding breaks and
>lunches that employers must abide by?

Mandatory breaks under NJ law can only be enforced by persons under 18 years of age (minors). Adults are subject to the employer's work policies, which means that they don't have to give you a break unless they are treating you differently from how they state you will be treated in the company's employment handbook/guide.

>
>3. Do I contact the NJ state labor board?

If you want. Here's the Labor Board's faq: http://www.state.nj.us/labor/lsse/lsgenfaq.html

> Any other suggestions?

Leave NJ.